When it comes to marriage, many people think of a religious or civil ceremony, or registering as domestic partners. However, there is also something called “common law marriage“, which occurs when two people live together for a certain amount of time and hold themselves out as a married couple, even though they have not obtained a marriage license or gone through a formal wedding ceremony. In this guide, we’ll explore everything you need to know about common law marriage in Arizona.
Part 1: Understanding Common Law Marriage
1.1 What is Common Law Marriage?
Common law marriage is a type of informal marriage that is recognized in some states. It occurs when two people live together for a certain period of time and hold themselves out as a married couple, even without having a formal ceremony or obtaining a marriage license. Essentially, it is a way to establish a legal marriage without the traditional paperwork.
1.2 Requirements for Common Law Marriage
To establish a common law marriage, several conditions must be met. The couple must:
- Live together for a significant period of time (usually at least seven years)
- Hold themselves out as a married couple
- Intend to be married
Part 2: Common Law Marriage in Arizona
2.1 Does Arizona Recognize Common Law Marriage? The short answer is no. Arizona is one of the few states that does not recognize common law marriage. This means that even if a couple has lived together for years and considers themselves to be married, they will not be recognized as such under Arizona law unless they have gone through the proper legal channels.
2.2 Exceptions to the Rule
There are some exceptions to the rule that Arizona does not recognize common law marriage. For instance:
- If the couple was in a common law marriage from another state that recognizes such marriages and then moved to Arizona
- If the couple entered into a common law marriage in another state while residing there, but then relocated to Arizona
In both of these cases, it is possible that Arizona may recognize the couple as legally married.
2.3 Legal Protections
While common law marriage is not recognized in Arizona, there are still legal protections available for couples who live together. For example:
- Property rights: If a couple buys property together or one partner contributes financially to the other partner’s property, they may have rights to that property even if they are not legally married.
- Medical decisions: An unmarried partner may be able to make medical decisions for their partner if they have a healthcare power of attorney.
- Inheritance: An unmarried partner may inherit from their partner’s estate if they are named in a will.
Part 3: Establishing a Legal Marriage in Arizona
3.1 Obtaining a Marriage License
If a couple wants to establish a legal marriage in Arizona, they must obtain a marriage license from the county clerk’s office. To do so, both partners must provide identification and pay a fee. The couple must also swear under oath that they are eligible to be married and that they are not currently married to anyone else.
3.2 Having a Marriage Ceremony
Once the couple has obtained a marriage license, they must have a wedding ceremony with a licensed officiant present. The ceremony does not need to be religious in nature; it can be held anywhere that is deemed appropriate by the officiant and must be witnessed by at least two people.
3.3 Legal Benefits
Establishing a legal marriage in Arizona provides couples with several legal benefits, including:
- Tax benefits: Married couples may be eligible for certain tax deductions and credits.
- Insurance benefits: Many employers offer health insurance coverage to spouses of employees.
- Social Security benefits: Married couples may be eligible for spousal Social Security benefits.
Conclusion:
While common law marriage is not recognized in Arizona, there are still legal protections available for couples who live together. If a couple wants to establish a legal marriage in Arizona, they must obtain a marriage license and have a wedding ceremony with a licensed officiant present. It’s important to consult with an attorney if you have any questions about your specific situation.